HC Deb 13 July 1937 vol 326 cc1064-5W
Lieut.-Commander Fletcher

asked the Secretary of State for Foreign Affairs whether he is now able to give his decision on the recent memorandum received from the consular bar in Egypt; whether he is aware that as from 15th October, 1937, the consular court in Egypt will cease to deal with civil, commercial, and criminal cases; what are the cases of personal status which these courts will thereafter deal with; and what proportion of the work of the consular court prior to 15th October, 1937, such cases represent?

Viscount Cranborne

From 1914 onwards declarations have been made by His Majesty's Government which indicated the view that the capitulations in Egypt should be terminated at a suitable opportunity. Lawyers who have specialised in practising before this Court will, no doubt, therefore have been aware that the jurisdiction of the court was likely to be terminated or modified by international arrangements at any time. It is clear in the circumstances that His Majesty's Government are not under an obligation to assist members of the British Consular Bar in Egypt whose practice may in future be reduced by the forthcoming modification of the jurisdiction of that court. My right hon. Friend has, however, given sympathetic consideration to the case of these lawyers and will endeavour in any way that may be practicable to assist these gentlemen to find alternative work, although the extent to which such assistance can be given may be limited.

As regards the second part of the question, civil, commercial and criminal cases already in progress in the consular court before 15th October next are to be concluded by that court. It is anticipated, therefore, that the court's jurisdiction in these matters will not cease finally until some months after 15th October.

As regards the third part, the cases of personal status with which the court will deal after 15th October will include suits and matters relating to the status and capacity of persons, including lunacy and all matters relating to the protection and administration of the property of a person of unsound mind; all suits relating to matrimonial law, including the reciprocal rights and duties of husband and wife and the rights of property between the spouses during marriage, nullity, divorce, judicial separation and maintenance between husband and wife; matters relating to legitimacy, legitimation and affiliation; matters relating to adoption, the guardianship of minors and the administration of the property of minors and the maintenance of minor children; and all matters relating to inheritance on death, including wills and donations mortis causa and the administration of the estates of deceased persons.

As regards the last part, I understand that such cases represent about half, and in fact the most remunerative half, of the work of the court.

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